“Emopract” shall mean Emopract Pvt. Ltd, a Private Limited Company incorporated under the laws of India having its registered office at Bhakta Tower, KB-22, KB Block, 1st Floor, Sector 3, Salt lake, Kolkata – 700106, India (including its affiliates and agents).

“Information” shall mean and include any personal information and sensitive personal data or information (as defined under the SPI Rules) that may be collected, received, possessed, stored, dealt with, and handled by Emopract in connection with its Services, including but not limited to name, address, telephone number, date of birth, e-mail address, financial information such as bank account or credit card or debit card or other payment instrument details, information regarding Member’s health or medical records and any other personal information that may be required by Emopract for providing Services.

“Member” shall mean a person who has registered with Emopract to avail the Services offered by Emopract or who visits or uses the Website or avails the Services of Emopract.

“Privacy Policy” shall mean this privacy policy as may be amended from time to time.

“Services” shall mean and include the elder care services offered by Emopract including but not limited to the services as mentioned on the Website.

“Terms” shall mean the terms and conditions of the Website as may be amended from time to time.

“User(s)” shall mean and include the Member and any other persons availing the Services of Emopract or visiting the Website.

8. “Membership Agreement” shall be the additional agreement that will be signed between the Member and emopract and which shall contain all Services and plans that will be offered to the Member.

9. “Member Information” means personal and sensitive personalinformation pertaining to the Members, such as the Member’s full name, gender, spouse’s name, NoK’s name, residential and mailing address, contact information of Member/NoK, date of birth, bank and financial details, photo identity proof such as Aadhaar Card / Pan Card, address proof such as Voter ID Card, Driving License, Passport etc., physical, psychological and mental health condition, medical records and history and such other information as the Company may require to be submitted from time to time or as the case may be.

10. “Services”refer to the elder care services and such other services as added from time to time offered to Members.

11. “User”refers to any individual who merely browses the Website but does not register as a Member and does not avail any Services offered therein.

12. “User Information” means personal information pertaining to the User, such as the User’s name, address, contact information, date of birth, and such other information as the Company may require to be submitted from time and time or as the case may be.

13. “Your Information” means collectively referring to Member Information, User Information and NoK’s Information.

14. Sensitive Personal Information means such personal information which consists of information relating to- (i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details ; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information; (vii) any detail relating to the above clauses for providing any service; and (viii) any of the information received under above clauses for processing, stored or processed under lawful contract or otherwise.

15. All other capitalized terms shall have the meaning ascribed to them in the Other Terms.

4. INFORMATION WE COLLECT

   1. Information Provided to Us by You:

We receive and store Your Information (i.e. includes information that whether on its own or in combination with other information may be used to readily identify or contact You such as: (i) full name of the User / Member / NoK;(ii) a home or other physical address; (iii)email address; (iv)phone number; (v) government photo identification such as Aadhar card and PAN card; (vi) gender; (vii) address proof such as voter’s ID card, driver’s license, passport, etc.; (viii) passport sized photograph; (ix) medical records and history and (x) information regarding your use of the Services available through the Website including information such as details that You post on the Website, reviews, or feedback on the Testimonials, any other comments regarding the Website, Events hosted, chat in the live chat box, or other correspondence on the Website.We shall also collect any other information that is required in order to provide a smooth user experience, including but not limited to SMS access for auto- OTP verification, camera/gallery/contacts access, for various functionalities within the Website, if required. 

 You always have the option to not provide information by choosing not to use a particular Service or feature. Importantly, We only collect Personal Information about You that We consider necessary for achieving this purpose and communicating with You about the Services being offered. 

By continuing to use Our Website You are deemed to have read the Privacy Policy and understood the purpose for which Your Personal or Non-Personal Information is being collected and how the same shall be used and granting Your express consent to such purpose and use. If, at a later date, You wish to withdraw this consent, please send Us an email at [email protected].

1. Information Collected Automatically (Non-Personal Information):

When You use the Website, we automatically receive and record information on our server logs from Your browser or mobile, including but not limited to Your hardware model, browser type, IP address, operating system version, unique device identifiers, and mobile network information including phone number, location, URL that You just came from (whether this URL is on Our Website or not), which URL You next go to (whether this URL is on Our Website or not), advertisement interaction and viewing data, such as ad click-through ratesand information about how many times You viewed a particular ad, if You access third-party social networking services (such as Facebook or Instagram) through the Website, We may collect personal contact information and/or any personal data that is part of Your profile on such third-party social networks and that You allow them to share with Us (e.g., full name, user name, email address, gender, birthday, city, user ID, friend list, etc). Additionally, We may collect demographic data such as age range, gender, and interests, Your computer browser information, your ISP, the date and time of Your visit, and other technical information (including hardware and software information). We may also collect information about how Your device has interacted with Our Website, including the pages accessed and links clicked. We treat this data as “Non-Personal Information”, except where we are required to do otherwise under applicable law. 

2. Data Collection Devices: “Cookie Policy”

We use data collection devices such as “cookies” and other similar technologyto automatically collect information about Your activity as You navigate through the Website on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. 

By using the Website, You agree to the placement of these types of Cookies on Your device(s) and acknowledge acceptance of this policy related to Cookies without limitation or qualification. This policy related to Cookies forms a legally binding contract between You and Us and should be read as part of the Privacy Policy applicable to the Website. “Cookies” are small files placed on the hard drive of Your computer that assist Us in providing the Services. We offer certain features that are only available through the use of a “cookie”. We also use cookies to allow You to enter Your password less frequently during a session. Cookies can also help Us provide information that is targeted to Your interests resulting in a more personalised experience. Most cookies are “session cookies”, meaning that they are automatically deleted from Your hard drive at the end of a session. You are always free to decline Our cookies if Your browser permits, although in that case You may not be able to use certain features on the Website and You may be required to re-enter Your password more frequently during a session. Additionally, You may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties. 

You expressly acknowledge that the Company is not responsible for Cookies placed on the Your device(s) by any other website or app, including but not limited to any linked sites (as defined in this Privacy Policy), and any information collected thereby.

5. USE OF INFORMATION COLLECTED

Using Your Information is an integral part of our business. We neither rent nor sell Your Information to anyone. We may share Your Information only as described in this Privacy Policy and related documents. 

3. Use of Personal/Sensitive Personal/Non-Personal Information:

Personal / Sensitive Personal Information: We will use and store Personal / Sensitive Personal Information to:

1. enable you to use the Website and our Services; 

2. creating or/and maintaining any Membership You may have with Us;

3. to deliver Services to You, including registering You for Our Services, verifying Your identity and authority to use Our Services; 

4. to maintain, and improve Our Services, including, for example, to facilitate payments, provide Services You request (and send related information), develop new features, provide customer support to You;

5. to develop safety features, authenticate You; 

6. to send updates and administrative messages;

7. to market the Service and for the internal operational and administrative purposes of the Service, 

8. to process billing and payment, including sharing with third party payment gateways in connection with the Services;

9. if You send Us personal correspondence, such as emails or letters, or if other Users/Members or third parties send Us correspondence about Your activities or postings on the Website, We may collect such information into a file specific to You;

10. to improve our marketing and promotional efforts;

11. to analyse Website usage and to improve the Website content and Service offerings;

12. to customize the Website content, layout, and Services; 

13. respond to your emails or letters, or any other correspondence about your activities or postings on the Website; 

14. provide you with a smooth, efficient, safe and customized experience while using the Website;

15. enable us to comply with country laws and regulations;

16. We may use third-party services to support various business, product, and service operations on the Website, such as medical professionals and health check-up labs. These third-party providers may receive some of Your Information relevant for them to facilitate their services. Medical professionals associated with Us can access, upload and updateYour Information such as medical history to Your account. These providers are bound by confidentiality agreements and legal restrictions to only use Your Information for the specific services. If You share additional information directly with these providers, it will be governed by their own privacy policies, and the Company is not responsible for that information.

17. to provide Services such as home visits byemopract Joys of living Star and Wellness Buddy and/or Emopract Team Member(s), in case of emergency by doctors and nurses, and other emergency responder team, the Company may use and disclose necessary personal information, such as live location, blood group, age, name, sex, medical history, and emergency contact, to protect the Member's wellbeing. This information may be shared with: (i) emopract Joys of living Star and Wellness Buddy and/or Emopract Team Member(s) who assist the Member until the ambulance arrives, (ii) hospital staff where the Member is taken, and (iii) other emergency service providers etc.

18. You agree that We may use Your Information in the file we maintain about You, and other information we obtain from Your current and past activities to: resolve disputes; troubleshoot problems; help promote safe trading; measure consumer interest in the Services provided by Us; inform You about online and offline offers, services, and updates; customize your experience; detect and protect Us against error, fraud and other criminal activity; enforce Our Terms; and as otherwise described to You at the time of collection. 

4. Aggregate Information:

We will also use YourNon-Personal Information (including information from online and offline third-party sources) to create aggregated data for analytical and other purposes. We use this information to do internal research on Your demographics, interests, and behaviour to better understand, protect and serve You. This information is compiled and analysed on an aggregated basis. Unless otherwise stated in this Privacy Policy, We only use this data in aggregate form. 

5. Non-personally identifiable information:

We may freely use Non-Personally Identifiable Information in connection with the Services offered through the Website, including: to administer the Services being offered thereunder, to understand how well the Service is working, to market the Services and other products and services, to develop aggregate, statistical information on usage of the Service and to generally improve the Service. Collecting this information enables us to better diagnose problems with Our server and to administer Our Website, as well as understand the visitors who come to Our Website and where they come from, and what content is of interest to them. This information aids Us in merchandising and in developing the design and layout of the Website.

Email/SMS Communications: If You create an account by providingYour email address and telephone number, we will send You administrative and promotional emails and text messages. If You wish to opt out of promotional emails and text messages, You may do so by following the “unsubscribe” instructions in the email, “opt out” instructions in the text message or by editing Your account settings. All Users and Members will receive administrative emails and text messages. From time to time, We may reveal general statistical information about Our Services through emails and messages. 

6. OUR DISCLOSURE OF YOUR INFORMATION

We may also use Your Information to deliver information to You that, in some cases, are targeted to Your interests, such as new services, rewards and promotions. The following are some circumstances under which and people to whom we would share Your Information with from time-to-time:

6. Disclosure of PersonalInformation:

We do not disclose Your Personal/Sensitive Personal Information to any third party for marketing purposes. Except as otherwise provided under this Privacy Policy, we will disclose Your Personal Information/Sensitive Personal Information to third parties only in the following limited circumstances:

1. if You register to an event through the Website, we may disclose Your Personal Information to certain event organisers, to respond to the requests submitted by You on the Website. For instance, we may share details of your name, phone number, address, details of the request, specifications of your registration, etc, and certain contact information (depending upon Your location and applicable laws) to facilitate the event;

2. with third parties and third party service providers, like payment gateways, payment aggregator and other payment service providers, promotion and marketing partners, consultants, research firms, business partners including vendors or insurance service providers, for supporting Our business, to carry out Your service requests and fulfil such service requests, administering promotions, analysing data and usage of the Service through the Website, processing credit card payments, operating the Service or providing support and maintenance services for the same, or providing customer service. The Company will not use Your financial information for any purpose other than to complete a payment transaction with You. 

3. We and our affiliates will share/transfer some or all of the collected information (personal or otherwise) with another business entity should We (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, restructuring of business, in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding. Should such a transaction occur, that other business entity (or the new combined entity) will be contractually bound to comply with the terms of this Privacy Policy.

4. to any law enforcement, judicial authority, governmental or regulatory authority, to the extent required by law or legal process. 

5. if in Our reasonable discretion, such use or disclosure is necessary to enforce or protect our legal rights or to protect third parties.

6. when We have Your consent to otherwise share the information.

7. Non-Personally Identifiable Information: We may disclose Non-Personally Identifiable Information to third party advertisers and advertising agencies, partners, and other parties in order for Us and such third parties to analyse (a) the performance of, to operate and improve the Services offered through the Website and (b) the behaviour of Users and Members and to target offers to other Users and depending upon their requirements. We may also disclose, use or publish this Non-PersonallyIdentifiable Information for promoting the Services offered under the Website. These third parties are subject to confidentiality agreements with Us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced operation, unless You have explicitly agreed or given Your prior permission to them for additional uses. However, We strongly encourage You to read such third parties’ privacy policies. 

8. Aggregate Information: Because the aggregate information we collect does not specifically identify You, it may be shared with any number of parties. For example, We may disclose anonymous, aggregated information to third parties such as potential business partners, end users, service providers, advertisers, and funding sources, in order to describe our business and operations.

9. Network Operators: Use of the Service provided through the Website may involve use of the services of third-party telecommunications carriers, internet service providers and service providers (such as the services of the carrier that provides cell phone service to You). Such carriers and service providers are not our contractors, and any information that a carrier collects in connection with Your use of the Service provided through the Website is not “Your Information” and is not subject to this Privacy Policy. We are not responsible for the acts or omissions of telecommunications carriers, internet service providers or service providers.

   1. Communications with Us or Through the Service: Any communication or material You transmit to Us by email or otherwise, including any data other than Your Information, questions,comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by this Privacy Policy, anything You transmit, or post may be used by Us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, You expressly agree that We are free to use any ideas, concepts, knowhow, or techniques contained in any communication You send to Us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and Services using such information.

You should be aware that Your Information which You voluntarily include and transmit online in a publicly accessible blog space, chat room, social media platform or otherwise online, or that You share in an open forum such as an in personnel panel, seminars, events or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of Your Information, and by using such Services You assume the risk that Your Information may be viewed and used by third parties for any number of purposes.

7. ACCESS OR CHANGE YOUR PERSONAL INFORMATION

1. You may review, correct, update, change or delete Your Information at any time by contacting Us at [email protected](Megha Chakraborty - Grievance Officer). To protect Your privacy and security, We will verify Your identity before granting access or making changes to Your Information. 

2. Even after You remove Your Information from the Website, copies of Your Information may remain viewable elsewhere, to the extent that it has been shared with others or it was otherwise distributed pursuant to Your privacy settings. Removed and deleted information may remain on backup media for up to ninety (90) days prior to being deleted from Our servers or for a period as required by law.

8. STORING YOUR INFORMATION

1. Our retention periods of Your Information are based on business needs and legal requirements. We retain Your Information for as long as is necessary for the processing purpose(s) for which the information was collected, or for tax or legal purposes, and any other permissible, related purpose. For example, We may retain certain correspondence and transaction details until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When Your Information is no longer needed, we either irreversibly anonymize Your Information (and we may further retain and use the anonymized information) or securely destroy Your Information.

2. You can close Your account by visiting Your membership profile settings page on Our Website. When You do so, we will remove Your public reviews / testimonials, or Your images/pictures/videos or any other publicly visible information from view and/or dissociate them from Your membership account profile. However, We may retain certain information about You in accordance with the applicable law, for purposes permitted under this Privacy Policy, unless law prohibits it. In addition, if certain information has already been provided to the third parties as described in this Privacy Policy, then retention of that information will be subject to those third part policies. Upon Termination, the Company shall retain Your Information only till the such period permitted under the applicable law in order to serve the purpose for collecting Your Information after any cancellation or withdrawal of the membership registration. We may use the non-personal information provided by You for internal analysis and archival purposes. 

9. AMENDMENTS TO THE PRIVACY POLICY

We may amend this Privacy Policy from time to time. Use of Your Information that We collect now is subject to the Privacy Policy in effect at the time such information is used. If We decide to change our Privacy Policy, We will periodically inform You, by posting those changes on this page of the Websiteor share the same through the registered email id of the Member or NoK, so that You are always aware of what information We collect, how We use it, and under what circumstances We disclose it. You are bound by any changes to the Privacy Policy when You continue to use the Website after such changes have been first posted. 

10. GOVERNING LAW

1. This Privacy Policy shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder. 

2. Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such an arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Kolkata, West Bengal and the language of the arbitration shall be English.

3. Subject to the aforesaid, the Courts at Kolkata, West Bengal shall have exclusive jurisdiction over any proceedings arising in respect of the Privacy Policy.

11. SECURITY OF PERSONAL INFORMATION

The information provided by You are secure with Us. We adhere to robust security practices and standards that meet or exceed industry norms. The Company does not itself store Your payment card account information and does not have direct control over or responsibility for Your payment card account information. Hence, the Company cannot guarantee that transmissions of Your payment card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by the Company or Company’s third-party service providers. Company assumes no liability or responsibility for disclosure of Your Information due to any reason, including but not limited to errors in transmission, unauthorized third-party access, or other causes beyond its control. The Company is committed to always keeping Your Information safe and ensure that such data/information is only transacted over secure websites of approved payment gateways which are digitally encrypted and provide highest possible care. Although We shall try Our best to protect Your data, We cannot take any guarantee for the security of Your Information transmitted through the Website. We will take reasonable security measures and procedures, and as specified by applicable law, to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, or unauthorized access, disclosure or modification of Your Information. While We take these reasonable efforts to safeguard Your Information, You acknowledge and agree that no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. You should take steps to protect against unauthorized access to Your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping Your log-in and password private. We are not responsible for the unauthorized use of Your Information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity. You agree and undertake that You shall not hold the Company liable therefore in any way. The use and storage of any information, including without limitation, password, account information, transaction activity and any other information available on Your internet access device or computer or mobile phone is at Your own risk and responsibility. You furthermore acknowledge and accept that the Company may not encrypt all content or communications shared on the Website.

12. GRIEVANCE REDRESSAL MECHANISM

    In accordance with the (i) Information Technology Act, 2000, the (ii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and any other relevant rules made thereunder, in case of grievances You can contact:

    Details of the Grievance Officer 

In the event You wish to make a complaint regarding any violation of the provisions of the Privacy Policy, You may send a written complaint to the Grievance Officer, who shall acknowledge the complaint within a reasonable time period and redress the grievances / complaint at the earliest but within one (1) month form the date of receipt of grievance / complaint.

This Privacy Policy was last updated on [6^th July], 2024.

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